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11-22-10 Council Agenda & Packet
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11-22-10 Council Agenda & Packet
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11/18/2010 11:36:24 AM
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City Council - City Clerk
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ORDINANCE NO. <br />AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: <br />The West 129 feet of the East/West Alley between LaSalle Street and Colfax Avenue lying West of <br />Sycamore Street, Portage Township, City of South Bend, St. Joseph County, Indiana. <br />STATEMENT OF PURPOSE AND INTENT <br />Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charged with <br />the authority to hear all petitions to vacate public ways or public places within the City. <br />The following Ordinance vacates the above described public property. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE <br />CITY OF SOUTH BEND, INDIANA, as follows: <br />SECTION I. The Common Council of the City of South Bend having held a Public <br />Hearing on the petition to vacate the following property: <br />The West 129 feet of the first East/West alley North of Colfax Avenue, from Sycamore <br />Street to the St. Joseph River, said alley being 14 feet in width. Being a part of Miller's <br />Subdivision and also being a part of the Original Town of Lowell, Portage Township, City of <br />South Bend, St. Joseph County, Indiana. <br />hereby determines that it is desirable to vacate said property. <br />SECTION II. The City of South Bend hereby reserves the rights and easements of <br />all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any <br />facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, <br />surface water control structures and ditches, within the vacated right-of-way, unless such <br />rights are released by the individual utilities. <br />SECTION III. The following property may be injuriously or beneficially affected by <br />such vacating: <br />018- 5003 -0041 <br />018- 5003 -0040 <br />018- 5003 -0056 <br />Section IV. The purpose of the vacation of the real property is so that the East Bank <br />
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